Appointment Of Commissioner Is Neither Adjudication Of Title Nor Determination Of Possession, But Mere Procedural Aid: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the appointment of a Commissioner does not amount to adjudication of title or determination of possession and is merely a procedural mechanism intended to assist the court in resolving disputed factual issues.Observing that a Commissioner acts only as an aid to the judicial process, the Court emphasised that appointment of Commissioners for spot inspection and scientific inquiry cannot be equated with delegation of judicial functions, reiterating that the ultimate determination of title, possession and rights of parties remains exclusively within the domain of the trial court. Justice Wasim Sadiq Nargal made the observation while dismissing a petition challenging an order of the Munsiff, Civil Judge (Junior Division), Kupwara, appointing two Commissioners to conduct a local and scientific investigation regarding the subject matter of a pending civil suit. The Court observed, “... The appointment of Commissioners, by itself, neither amounts to adjudication of title nor determination of possession, but is only a step intended to assist the Court in arriving at a proper conclusion regarding the factual controversy involved in the matter.” In the instant case the respondents filed a civil suit for permanent injunction over the suit land. The trial court granted an ex parte interim injunction, later made absolute. On appeal, the appellate court modified the order to “status quo on possession” and noted the lack of any local inspection. Subsequently, the respondents alleged the petitioners altered the land overnight and raised a tin shed, leading to an FIR. The respondents then moved an application under Section 151 CPC, seeking restoration of status quo, following which the trial court appointed the two commissioners. Aggrieved, the petitioners approached the High Court.Adjudicating the matter the Court examined the provisions of Order 26 Rule 9 and Rule 10A of the CPC, which empower a civil court to issue a commission for local investigation or scientific investigation whenever the court deems it requisite or proper for elucidating any matter in dispute. The Court observed that the appellate court had already noted the necessity of local inspection and the trial court, in appointing the Commissioners, acted in furtherance of those observations.The Court held, “... The appointment of Commissioners, by itself, neither amounts to adjudication of title nor determination of possession, but is only a step intended to assist the Court in arriving at a proper conclusion regarding the factual controversy involved in the matter.”The Court further observed, “... Once rival claims regarding possession and allegations regarding alteration of the nature of the suit property were brought before the learned trial Court, the said Court was fully justified in directing local investigation so as to ascertain the actual position on spot and preserve the sanctity of the proceedings pending before it.”Rejecting the petitioners' contention that the trial court had exceeded its jurisdiction, the Court stated, “The impugned order appears to have been passed by the learned trial Court strictly in aid of effective adjudication of the controversy involved in the suit and in furtherance of the observations already made by the learned appellate Court.” The Court also noted that the petitioners' counsel fairly submitted that they would have no objection if the trial court proceeded with the suit after receipt of the reports.Finding no perversity, patent illegality or jurisdictional error in the impugned order the petition was disposed of upholding the trial court's order and both parties were directed to appear before the learned trial court on 5th June, 2026.Case Title: Bashir Ahmad Akhoon & Anr. v. Ghulam Ahmad Malik Citation: 2026 LiveLaw (JKL) Click here to read/download Judgment

Appointment Of Commissioner Is Neither Adjudication Of Title Nor Determination Of Possession, But Mere Procedural Aid: J&K&L High Court

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Appointment Of Commissioner Is Neither Adjudication Of Title Nor Determination Of Possession, But Mere Procedural Aid: J&K&L High Court

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